Please review and distribute as appropriate.
Recently, the Texas Justice Court Training Center provided their
opinion regarding Attorney General Opinion, GA-0761, due to individuals
requesting a court order for ownership of a motor vehicle. The Texas
Justice Court Training Center’s opinion (document attached) challenged
JP’s jurisdiction in this area.
To clarify the Texas Department of Motor Vehicle (TxDMV) policy: A JP
court order for title and ownership of a vehicle should be accepted in
the same way we accept all county and district court orders. When a JP
court order directing issuance of title is presented, the department
assumes the JP court has determined it has jurisdiction.
The Attorney General Opinion, GA-0761, reaffirms this policy by
stating: “… Texas Department of Motor Vehicles may, under section
501.074(a)(4) of the Transportation Code, accept a court order from a
justice or municipal court in carrying out its duty to issue a new
certificate of title for a motor vehicle, the ownership of which as been
transferred by operation of law…”
If you have any questions, please contact your local regional office.
Randy Elliston, Director
Vehicle Titles and Registration Division
If you have any comments or suggestions concerning this VTR
communication process, please contact your local VTR Regional Office.
If you would like to see previous postings from the "VTR Electronic
Archives," please visit
http://extlists.dot.state.tx.us/pipermail/vtr-tac/.
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